43d MP BDE JAG

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43d MP BDE JAG

• FRATERNIZATION BRIEFING
• AUGUST 2003

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New Fraternization Rules

• Old rule fraternization between the ranks was
  acceptable if not in the same chain of command,
  and was not of such a nature as to bring
  discredit on the U.S. Army.
• Policy Change - Aftermath of LT Kelly case,
  Aberdeen,
• Recognized that Services have different
  standards.
• Unified Commands.
• Armys was the least restrictive.

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2 March 99 Policy Change

• On 29 July 1998, the Secretary of Defense
  determined that all Services will, by policy,
  prohibit personal relationships such as dating,
  shared living accommodations, engaging in
  intimate or sexual relations, business
  enterprises, commercial solicitations, gambling
  and borrowing between officer and enlisted
  regardless of their Service. This change will
  not affect existing marriages.
• Training of units on new policy must be completed
  NLT 1 Oct. 99.
• AR 600-20, Paragraphs 4-14, 4-15, and 4-16
  revised.

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Applicability

• Revised policy applies to
• Relationships between Army personnel (Active or
  Reserve soldiers)
• Relationships between Army personnel and
  personnel of other military Services
• The term officer includes both commissioned and
  warrant officers
• This revised policy is effective immediately
  except as noted.

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What has not Changed

• The Army continues to prohibit all unprofessional
  relationships that
• compromise the chain of command
• cause partiality or unfairness
• involve the improper use of rank for personal
  gain
• are exploitative or coercive in nature
• create an adverse impact on discipline,
  authority, morale, or mission
  accomplishment
• Relationships that present the appearance of
  violating any of these standards may also be
  prohibited.

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What has Changed

• Certain types of relationships between
  officers (commissioned and warrant) and enlisted
  personnel are now prohibited.
• Business Relationships
• Personal Relationships
• Gambling

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Business Relationships

• General Rule-Business relationships between
  officers and enlisted personnel are prohibited.
• Exceptions
• Landlord/tenant relationships
• One time transactions (such as sale of an
  automobile or house)
• For ARNG/USAR only, business relationships which
  exist due to their civilian occupation or
  employment
• Existing business relationships between officers
  and enlisted personnel that were authorized under
  previous Army policy are exempt until 1 Mar 00.

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Personal Relationships

• General Rule Dating, shared living
  accommodations, and intimate or sexual
  relationships between officer and enlisted are
  prohibited.
• Exceptions to Prohibited Personal Relationships
• Marriages that exist now or are entered into
  prior to 1 Mar 00
• Relationships that violate policy only because of
  the promotion or change in status of one military
  member (for instance, two enlisted soldiers are
  married and one is commissioned through OCS).
• For ARNG/USAR only, personal relationships that
  exist due to civilian acquaintanceship (unless
  individuals are on active duty other than Annual
  Training)

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Personal Relationships (Cont.)

• For Regular Army, personal relationships with a
  member of the ARNG/USAR that exist due to
  civilian (off duty) association (unless the
  ARNG/ USAR soldier is on active duty other than
  Annual Training).
• Existing personal relationships between officer
  and enlisted that were authorized under previous
  Army policy are exempt until 1 Mar 00.

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Gambling

• Gambling between officers and enlisted
  personnel is prohibited. There are no
  exceptions.
• Social and Family Relationships
• Associations between officer and enlisted that
  occur in the context of community organizations,
  religious activities, athletic teams and events,
  unit-based social functions, or family gatherings
  are not prohibited.

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Accountability

• In any relationship the senior person (by rank)
  is generally in the best position to terminate or
  limit the relationship.
• All service members, however, may be held
  accountable for relationships that violate this
  policy.

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QUESTIONS?